Court OKs Covert iPhone Audio Recording
- By David Kravet
Using an iPhone to secretly record a conversation is not a violation of the Wiretap Act if done for legitimate purposes, a federal appeals court has ruled.
“The defendant must have the intent to use the illicit recording to commit a tort of crime beyond the act of recording itself,” (.pdf) the 2nd U.S. Circuit Court of Appeals ruled.
Friday’s decision by the 2nd U.S. Circuit Court of Appeals, which involves a civil lawsuit over a secret audio recording produced from the 99-cent Recorder app, mirrors decisions in at least three other federal appeals courts.
The lawsuit concerns a family dispute over the making of a dying mother’s will. Days before the Connecticut woman died, her son secretly recorded a kitchen conversation between the son, mother, stepfather and others over how to handle her estate after her death.
http://www.wired.com/threatlevel/2010/08/covert-iphone-audio-recording/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A%20wired27b%20%28Blog%20-%2027B%20Stroke%206%20%28Threat%20Level%29%29#ixzz0x72wjUKR